Beta Holdings, Inc. v. Goldsmith

Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered on or about December 22, 2014, which, insofar as appealed from, granted defendants’ cross motion for summary judgment dismissing plaintiffs’ claims alleg ing, inter alia, breaches of the stock purchase agreement, fraud and unjust enrichment, and denied in part plaintiffs’ motion for partial summary judgment as to liability, unanimously affirmed, without costs.

The bulk of plaintiffs’ claims are barred by the fact that the representations breached were qualified by a materiality standard. As such, plaintiffs’ representation to…